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Home My WebLink About0459.000I • ~ "<',- I' . \ " ~,-. ...,..,----- Auqust 9 .. 1990 THE HONORABLE CIT. COUNCIL Palo Alto, California RESPONSE TO SANTA CLARA COUNTY GRAN!) JJJRY Members of the Council: o 28 Council action is requested to approve tran5mitt~1 of a letter from the Mayor to the Santa Clara County Grand Jury in response to their Countywide report on the -Investigation of the Proced·ures Used in Major Crime Investigations.- BACKGI\?UNP: The. santa Clara County Grand Jury recently completed a report assessing the procedures used in major crime investigations by all County law enforcement agencies. Penal Code Section 933 requires that -no later than 90 cays after the grand jury submits a fina1 report on the operation of any public agency to its reviewing authority. the governing body of the public agency shall comment on the findings and recommendations pertaining to matters under the control of the governing body ..... All such comments and reports shall forthwith be submitted to the presidinSJ jodqe of the superior court who impaneled: the grand jury.· In order for the council to authorize an informative response, this report briefly describes the Police Oepartmentts basic investigative technique. It is important to recognize that different crime categories require different investigative approaches. For instance, a fraud investigation may differ markedly frOll a child abuse investigation, which in turn will entail markedly varying procedure from a narcot.Ics case.. NOf'letheless., 'While investigative nuance .among the variety of crimes that occur will differ.,. certain basic fundamentals are i~~erent in most all investigations. THE PRELIMINARY INVESTIGATION Initial response to a crime scene involves an important assessment of a situation that may be entirely concluded or still developing. Information gathered at this critical stage can be telling as to CMR:459: 0 L \. '. \ \ " "". ," • , , '. I p r -" ,. - o Paqe Two whether this crime may be a part of a series, reflection of a widespread pattern or part of a long-term or cyclical trend. Operationally" the preli.inary investigation requires that the police of~icer ~anage a series of processes. These will sometimes vary in sequence. but qenerally include 1) determining the extent of victia injuries or loss and rendering appropri.ate aid 'When necessary, 2} maintaininq security of the crime scene and ensuring that evidence is properly collected and prese~'ed, 3) checking the area for witnesses, 4} intervieW'inq victims and witnesses to determine full situation information, 5) attempting to locate and apprehend suspects, and 6) intervieWing suspects ~ho are located. Information 91eaned during this stage mIght indicate that tactical action planning needs to occur, or that crime pr-evention or community awareness strateqies should be employed. While these may be viewed as peripheral to the dir~ct investiqative process~ they are necessary components of an overall investigation scheme in that they can yield valuable information. INVESTIGATIVE RESpoNSIBILITY Responsibility for investigation Is divIded between Field Services Oivision (FSD) and Investiqative Services Division (ISD). Patrol officers wbo respond to the scene of an incident are expected to initIate the investiqation and to carry it through as far as possible. In the case of major crimes, concurrent assistance from detectives is normally provided and ISD personnel continue the investiqations initiated by patrol officers under three principal circumstances :_ • when expertise, intelligence information and/or crime trend information from other jurisdictions provide new investiqative leads, • wben follow-up investiqations are too extensive for patrol resources~ and • when out-of-town follow-up and coordination with otb~r police aqencies is required. The Police Department maintains a policy of flexible staffing allocation in order to address the varied crime t.rends that do occur. some situations may require a temporary reassignment of ISO and FSD personnel for a ti~ely resolution of the problem. AdditiOf'lally .. the Department has a JI'Iandatory rotation policy whereby sworn personnel move throughout the organization from FSD to various special t.y assignments. Eacb specialty assignment is of CHR:4S9:0 • \ I f I ! r .' , • -\ \ \ b \' .- -- -' I - • / ;;;;':;j:;:::':::.:..L,~,",-"",.;c.."';:;"' __ ........ 6~""_, •. ~~"=.:.c-. ;""_";;"";,,.~ _ .... -,~_~~~~~~ t:'t..~ .Zit •. ;, o o paqe Three li.ited duration. usually two to three years a This rotation policy enhances career qrowth and pr-ovides for well-trained and experienced eJCployees.. Upon t.ransfer to ISD.. each detective receives state certified training in bis or her investigative specialty. ThIs instruction is supplemented by ongoing departmental training_ In addition to the extensive training officer5 receive, the Department bas detailed written proced·ures coverlng evidence collection handling, and storage and investigative checklists and proced·ures for major crimes such as hODicicte, rape, robbery, bUrqlary, kIdnapping, child abuse, and missing persons. RECOMMENDATION" Staff recommends that Council authorize the Mayor to send the at.tached. lette.r t.o Judgi! Read Ambler, Presidinq Judge of t.be Superior Court. in conformance with Penal Code Section 93). Attachmer.ts C><R:45':C , - -·-x,;;">' ' "Ii' • ..•. __ f < , ....... " . ' o The Bonora~l. Read Ambler Judge of the superior court county of santa Clara 191 North First Street San Jose. CA 95113 Dear Judge JlJObler: / . :r • o DRAFT August 9, 1990 The Palo Alto City Council has reviewed the Santa Clara County Grand Jury report entitled -Investigation of the Procedur •• U.ed in Kajor crt.e InvestIgations. In a4dition, the Council reviewed internal police procedures relative to the conduct of .ajor investiq~ tions. Tbe Palo Alto PolIce Department'. bandli09 of such incidents appears in ~fcrmance with appropriate 5tandarda and practices. I understand froa Chief Chris Durkin that the Santa Clara County PolIce Chiefs· Association will address recommendations called for in the Grand Jury report. ShoUld you bave a question or simply Yisb to discuss this .attar, please call ~e at '15/)29-~3B4, or Chief Durkin at 415/329-2555. --::--------------.--~--.--.---. -.-~ -.--. --~-.<:'L Sincerely, JoIil<e Cobb Kayor • \ , / o 1989-~O santa clara Ccunty Grand Jury 1. Inveati9atlon of th* PrOcedure$ Vs~d in Ma5Qr c~i$e tnve~ti9ation$ , . o o INVESTIGATION OF THE PROCEDURES OSED IN MAJOR CRIME INVESTIGATIONS SUMMARy !'be Grand Jury reviewed the procedures used in lDajor crime investigations by law enforcement agencies in tbe County and fO\lnd a vide variation in t:he reportin<J and documentation of evidence. The variation occurred in t.he scope, format" and level of experience In handli:r~ crime scene reporting .. The reporting, documentation, collection, and protection of evidence should be complete and uniform in order t.o assure that prosecution Is not compromised .. The.refore" the Grand Jury recommends to the law enforcement agencies and offices involved that they jointly develop concise. unifor. procedures and checkl ists for the investigation of homicides and other major crimes. INTRODUCTION The Grand Jury looked at the proced·ures and standards used in an investigation of ~ajor crimes inclading homicide. The initial review began vith interviews of two local police departments to determine their standards and practices. When it vas discovered that the procedures of the two departments were not easily comparable, the search vas extended to include all law enforcement agencies in the county. CRITERIA The Grand Jury used the criterion of a -reasonable person-for measuring performance. The objective of a I. " I l ! ~. 1"~"~lf;' o o -reasonable person-in law entorcecent would be to cooperate with all city and county law enforcem~nt agencies in order to develop a anitorm .ystem of reportinq and collecting .vldenc:.~ IHYESTIGATIOV The Grand Jury compare~ tl:Ie proced·ures used in homicide and other major crl~e& investigation by the santa Clara County Sheriff l s Deparb:lent and those cities 'Which maintain t.heir own police departments: campbell, Gilroy, Los Alto~, Los Gatos, Milpitas, Horqan Hill ... )fountain View, Palo Alto, San Jose, santa Clara, and Sunnyvale~ In addition, either the police chIefs, their deputies, or training officers were intervi.eved re9ardill9 the. basic trainin'g pr09rams ... specialized courses for officers engaged in major crime investigation, and the use of a checklist with accompanying procedures. The Grand Jury also interviewed representatives from the District Attorney's Office and the county Crime Laboratory. FINQINGS Santa Clara County is becoming one large business- industrial urban complex. Cities which were once isolated small towns nov have in common the same types of police problems, including homicides and all types of violent crlJl,es~ County and city investigation procedures are distinguished by a wide variation in soope and format. Several cities have 'Well organized and complete proced·ures 2. . - • \ '.-';.,. . - o o from ~blch a crime report can be easily written; others have an outline several pages lonq including forms. There ltIere al&o narratives with no forms attached~ Some police depart~ents bave developed or borroyed check lists to organize crime scene reporting' freD Police Officer Standards and Training (POST) approved courses. One small city h~s developed an innovative investigation checklist that leads the investigating officer throuqh a seri~s of ·yes· or -no'll questions and provides !.pace for details. :In a few departmentsl procedures are out-of-date or incomplete. These variations bave caused employees of the County Crime Laboratory to state that In the past they have had some difficulty analyzing reports because of the differing formats .. Police experience levels vary among departments~ It vas pointed out during the intervievs that some police departments experience one or less homicides a year~ Also in some agencies~ police oflicers are rotated through the different divisions on a one to three year tour to give them experience in all phases of police work~ There Is no uniform standard or approach to the collection~ documentation and reportll19 of evidence to t.he County crime Laboratory. The condition and usefulness of the evidence they receive varies dependinq on the delivering agency. The Grand Jury vas t.old that some agencies do a qood job be.cause they have qood crime scene capabilities; some agencies call upon other law enforcement agencies for 3. ~,-., '''';,,,,",, • \ ~'t> ;;~ ~'- , , -_.oJ-,";';:,_ r'" ~:.'., ..... -- i J;i~~Ji o o •• 5istanee: others jiust deliver the evidence to the County crime Laboratory in a haphazard way. The Grand Jury learned that valuable .vidence .ay be lost or contaminated if the procecSures usecS In a crt.inal investiqatlon do not provide tor the careful collection l documentation, handling, and protection of th~ evidence. PolIce departments in the County send their investigative officers to a series of POST approved training courses throughout the state. These specialIzed crime investigatIon courses offered at 0011ege5 and universities differ In the quality of presentation and level of" expertise, according to statements by some departments. In addition to these courses 6 the county Crime Laboratory t~s plans to offer one-day seminars each month to the law enforcement agencies in tbe County_ The proximity of cities within the county requires the use of common tools for a coordinated approach to pol ice Investi9ations~ The Police Chiefs Association of Santa Clara County meets monthly to discuss joint problems on the executive level. Jointly agreed upon procedures for handling kldnappill9', rape, and assault haye already been developed. There has been interest expressed by some police jurisdictions in sbaring experience and documentat.ion for crlze scene investigation. OONCWSIONS 1.. The reportlnq, documentatIon, collectiOl'l", and protection of evidence for the District Attorney requires a 4. .. • . ;= " . ".~~. . -' ' I i ! I -~.<, .. '~?~~i .~ o o completeness and a uniton'tity of approach to assure that prosecution is not compromised. 2~ Evidence is not always collected. documented, packaqed, and delivered properly ~or crime laboratory analysil. 3. A vide variation exists in the q~ality and location of POST approved courses used by law enforcement aqencies in the County. 4:. PolIce experience le ... els can V&t'y due to rotation pr-actices and the lack of opportunity to investisate maj or crimes .. RECOMMENDATIONS The Grand Jury reconunends that the cities of Campbell. Gilroy, Los Altos, Los Catos, Milpitas, Morgan Hill, Mountain View. Palo Alto. San Jose, Santa Clara .. and Sunnyvale, the Sheriff r S Department, the County crime Laboratory. and the District Attorney's Offic~: 1. Establish an ongoing county-wide 'Working qroup of middle level representatives from the various law enforcement agencies, the Ccunty Crime Laboratory. and the District Attorney's Office to: a. b. Develop concise. uniform procedures and checklists for homicides and other ~ajor crimes .. Direct this working qroup to compile a listing of POST co'urses that are approved and recommended by local ag:encies for s. • \ \ l \ :\ \ ,; . .,f~ ,"~<~~.~ .. ' ,"1' . ;~ !-.. j I I , / , \ """-"'."'.~"...:, .. ~c"""~~' ~~_._. ___ ~--,_~-,,_ _~ i...-.,c":':_~~"£j:i:4 Q:t_.'owr 0 0 investigative training. 'l'Il. reasons for recommending specific courses should be included and the list update~ regularly to reflect changes in the quality of certain courses. The Grand Jury recommends that the police departments of the above named cities and the Sheriff's Department: Deliver evldenca to the County Crime Laboratory accompanieCi by (a) a descriptio-n of where the evidence 'Was collected, (Ill ~ia9'r""'s, eel photOg'raphs, and (~) a short written overview. 6. • , / o o PASSEV AND ADOPTED by the Gra~ Jury of Santa Clara County this twenty-second day of Hay 1990. 1. •